Can a doctor fax a prescription to a pharmacy?

A faxed prescription is valid for Schedule III, IV and V drugs under 21 CFR 1306.21(a). A Schedule II fax is an advance copy, except in 3 settings, and non-controlled drugs follow state law.

An old desktop fax machine with a handset and a coiled cord on a white desk

Yes. A faxed prescription is valid for Schedule III, IV and V drugs under 21 CFR 1306.21(a), as long as the prescriber signed the paper by hand. A Schedule II fax is an advance copy: the pharmacy needs the signed original before it dispenses, except in 3 settings. Non-controlled drugs follow each state's pharmacy law.

Which prescriptions can a doctor fax?

DEA sorts the answer by schedule, and its rules cover controlled substances only (21 CFR 1306.01).

Drug classIs the fax the prescription?Federal refill rule
Non-controlled drugsWhere state pharmacy law allowsSet by the state
Schedule III and IV (buprenorphine, Xanax, Ambien)Yes, 1306.21(a)Up to 5 refills within 6 months, 1306.22(a)
Schedule V (Lyrica)Yes, 1306.21(a)As the prescriber authorizes
Schedule II (oxycodone, Adderall)No, an advance copy, 1306.11(a)None, 1306.12(a)
Schedule II in 3 settingsYes, 1306.11(e) to (g)None

The drug names are examples from DEA's controlled substances list. For every other prescription drug, state pharmacy rules decide how a prescription may be sent. Ohio's rule lets a prescriber or the prescriber's agent fax a signed written outpatient prescription to a pharmacy (Ohio Administrative Code 4729:5-3-11).

How does a Schedule II fax work?

A Schedule II fax is a head start for the pharmacy. The pharmacist must have the original in hand, checked against the fax, before dispensing (1306.11(a)). The original is the manually signed paper prescription or an electronic prescription that meets DEA's part 1311 rules.

Three settings let the fax itself be the original (1306.11(e) to (g)):

  • A Schedule II narcotic compounded for direct infusion into a patient, whether parenteral, intravenous, intramuscular, subcutaneous or intraspinal.
  • Any Schedule II drug for a resident of a long-term care facility.
  • A Schedule II narcotic for a patient in a Medicare-certified or state-licensed hospice, with the hospice status noted on the prescription.

On DEA's list oxycodone is a narcotic and Adderall is not, so Adderall qualifies only in the long-term care setting. Schedule II prescriptions carry no refills.

Who signs and sends a faxed controlled-substance prescription?

The prescriber signs by hand. A computer-generated prescription that the practitioner prints out or faxes must be manually signed (1306.05(d)). DEA's 2021 letter to registrants says that includes prescriptions faxed from a computer. The fax is a copy of a page the prescriber signed, and the page carries what any controlled-substance prescription carries, from the patient's full name and address to the prescriber's DEA registration number (1306.05(a)).

The prescriber or the prescriber's agent sends it. DEA's Pharmacist's Manual (2022 edition) says an agent may transmit a practitioner-signed prescription where the rules allow a fax, and that a practitioner cannot delegate the authority to issue one.

Do Medicare and the states require e-prescribing instead?

Medicare Part D sets a rate. CMS requires prescribers to send at least 70 percent of their qualifying Schedule II to V Part D prescriptions electronically each calendar year, after exceptions. Prescribers with 100 or fewer qualifying prescriptions are exempt, as are prescribers in declared disaster areas and those with a CMS-approved waiver. Long-term care prescriptions count no earlier than January 1, 2028 (CMS).

States add their own. Ohio has required electronic prescriptions for Schedule II drugs since September 23, 2022. Its Board of Pharmacy lists a temporary technical, electrical or broadband failure, and nursing home or hospice patients, among the cases where a written prescription is allowed (Ohio Board of Pharmacy). Illinois has required electronic prescriptions under its Controlled Substance Act since January 1, 2024, with exceptions that include a temporary technological or electrical failure (Illinois Department of Financial and Professional Regulation).

DEA keeps the fax as the fallback. Its rules permit electronic prescriptions for Schedules II to V. When one for a Schedule III, IV or V drug fails to reach the pharmacy, the prescriber can print it, sign it by hand and fax it. The page must name the pharmacy, give the date and time of the first attempt and say the transmission failed (DEA's electronic prescribing FAQ and 21 CFR 1311.170). Why e-prescribing platforms ask a practice for a fax number is in Do I need a fax number for e-prescribing?

Does HIPAA allow a prescription to go by fax?

Sending a prescription to a pharmacy is a disclosure for treatment, and a covered entity may disclose protected health information for the treatment activities of a health care provider (45 CFR 164.506(c)(2)). The Privacy Rule also calls for appropriate administrative, technical and physical safeguards (45 CFR 164.530(c)). A fax service that stores the practice's faxes maintains protected health information for it, and HIPAA calls for a written contract with that vendor (45 CFR 164.502(e)).

Which number does the pharmacy reply to?

DEA's Pharmacist's Manual tells a pharmacist with a question about any part of a prescription to contact the prescriber. Ohio's rule for outpatient prescriptions puts the sender on the page: the faxed prescription must include the identification number of the sending fax machine, the prescriber's full name and, when staff send it, the staff member's name.

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Frequently asked questions

Can a doctor fax a Schedule II prescription?
Yes, as an advance copy. The pharmacy cannot dispense until the manually signed original, or an electronic prescription that meets DEA's rules, reaches the pharmacist (21 CFR 1306.11(a)). The fax counts as the original in 3 settings: a Schedule II narcotic compounded for infusion, any Schedule II drug for a long-term care facility resident, and a Schedule II narcotic for a hospice patient (1306.11(e) to (g)).
Can a doctor fax Schedule III, IV or V prescriptions?
Yes. A facsimile of a signed paper prescription is a valid prescription for Schedule III, IV and V drugs (21 CFR 1306.21(a)), and DEA's Pharmacist's Manual treats it as equal to an original when the prescriber signed it by hand. Schedule III and IV prescriptions can be refilled up to 5 times within 6 months of the date issued (1306.22(a)).
Does a faxed prescription need the doctor's handwritten signature?
For a controlled substance, yes. A computer-generated prescription that the practitioner prints out or faxes must be manually signed (21 CFR 1306.05(d)), and DEA's 2021 letter to registrants says that includes one faxed from a computer. Office staff can send the signed prescription as the prescriber's agent, but the authority to issue it stays with the prescriber.
What if an electronic prescription fails to send?
For a Schedule III, IV or V drug, DEA says the prescriber can print the prescription, sign it by hand and fax it directly to the pharmacy. The printed page must note that it was first sent electronically to a named pharmacy, the date and time of the attempt, and that the transmission failed (DEA's electronic prescribing FAQ and 21 CFR 1311.170).
Does Medicare Part D require electronic prescriptions for controlled substances?
Yes. CMS requires prescribers to send at least 70 percent of their qualifying Schedule II to V Part D prescriptions electronically each calendar year, after exceptions. Prescribers with 100 or fewer qualifying prescriptions are exempt automatically, and long-term care prescriptions count no earlier than January 1, 2028.
Can a faxed controlled-substance prescription be transferred to another pharmacy?
No. DEA's Pharmacist's Manual says its rules do not permit a pharmacy to transfer an unfilled paper, faxed or oral controlled-substance prescription to another pharmacy. The one-time transfer for initial filling that DEA allowed from August 28, 2023 covers electronic prescriptions only (21 CFR 1306.08(e)). A patient who changes pharmacies needs a new prescription sent to the new one.

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